Start your 7-day free trial — unlock full access instantly.

Lead Closed

This opportunity is no longer accepting submissions.

RiverdaleGreen Risk

ClosedPublic Works & Infrastructure

Stormwater Ordinance #2007

BID #: 2007

ISSUED: 6/4/2007

DUE: TBD

VALUE: TBD

Rating

Risk Rank

Green Risk

AI-Powered Lead Insights

Executive Summary

This document outlines Ordinance No. 2007 for the Borough of Riverdale, amending its Revised General Ordinances to include Chapter 145, concerning Stormwater Management Regulations. It aims to establish minimum stormwater management requirements and controls for major developments to protect public health, safety, and welfare. The ordinance details standards for structural and nonstructural stormwater management measures, including erosion control, groundwater recharge, and runoff quality and quantity. It also provides safety standards for stormwater management basins, maintenance requirements, and penalties for violations.

Web Content

Automated discovery link found on Riverdale website.

Document Text

--- Document: Stormwater Ordinance #2007 Document ---
C:\Documents and Settings\wbudesheim\Local Settings\Temporary Internet Files\OLKA3\rvdl148 ord.doc 
06/07/07 9:55:24 AM 
BOROUGH OF RIVERDALE 
 
ORDINANCE NO. 2007 -  
 
AN ORDINANCE AMENDING REVISED GENERAL ORDINANCES OF THE 
BOROUGH OF RIVERDALE 
AND PROVIDING FOR STORMWATER 
MANAGEMENT REGULATIONS 
 
BE IT ORDAINED by the Mayor and Council of the Borough of Riverdale, in the County of 
Morris and State of New Jersey, as follows: 
 
SECTION 1. 
The Revised General Ordinances of the Borough of Riverdale shall be amended 
by the inclusion of new Chapter 145 which shall be entitled "Stormwater Management" and shall 
read in its entirety as follows: 
 
Chapter 145 
STORMWATER MANAGEMENT 
Sections: 
145-1     Scope and Purpose. 
145-2     Definitions 
 
145-3 General Standards. 
     145-4    Stormwater Management Requirements for Major Development. 
 
145-5 
Calculation of Stormwater Runoff and Groundwater Recharge. 
 
145-6     Standards for Structural Stormwater Management Measures. 
 
145-7 
Sources for Technical Guidance. 
 
145-8 
Safety Standards for Stormwater Management Basins. 
 
145-9 
Requirements for a Site Development Stormwater Plan. 
 
145-10 Maintenance and Repair. 
    145-11   Penalties 
 
 145-1 Scope and Purpose. 
A. Policy Statement. 
In filing an application for general development plan, preliminary major subdivision or 
preliminary major site plan, the Applicant shall comply with the following stormwater 
management requirements: 
Flood control, groundwater recharge, and pollutant reduction through nonstructural or 
low impact techniques shall be explored before relying on structural Best Management 


 
2
Practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater 
management strategies and proper maintenance plans. Nonstructural strategies 
include both environmentally sensitive site design and source controls that prevent 
pollutants from being placed on the site or from being exposed to stormwater. Source 
control plans should be developed based upon physical site conditions and the origin, 
nature, and the anticipated quantity or amount of potential pollutants. Multiple 
stormwater management BMPs may be necessary to achieve the established 
performance standards for water quality, quantity, and groundwater recharge. 
 
 
B. Purpose. 
1. 
To protect the public health, safety and welfare of the citizens of the Borough of 
Riverdale and the surrounding communities by establishing minimum stormwater 
management requirements and controls for “major development”.  
C. Applicability. 
1. This ordinance shall be applicable to all site plans and subdivisions for the following 
major developments that require preliminary or final site plan or subdivision review: 
a. Non-residential major developments; and  
b. Aspects of residential major developments that are not pre-empted by the 
Residential Site Improvement Standards at N.J.A.C. 5:21. 
2. This ordinance shall also be applicable to all major developments undertaken by the 
Borough of Riverdale. 
D. Compatibility with Other Permit and Ordinance Requirements. 
Development approvals issued for subdivisions and site plans pursuant to this 
ordinance are to be considered an integral part of development approvals under the 
subdivision and site plan review process and do not relieve the Applicant of the 
responsibility to secure required permits or approvals for activities regulated by any 
other applicable code, rule, act, or ordinance. In their interpretation and application, 
the provisions of this ordinance shall be held to be the minimum requirements for the 
promotion of the public health, safety, and general welfare. This ordinance is not 
intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, 
statute, or other provision of law except that, where any provision of this ordinance 
imposes restrictions different from those imposed by any other ordinance, rule or 
regulation, or other provision of law, the more restrictive provisions or higher 
standards shall control. 
 
145-2  Definitions. 
Unless specifically defined below, words or phrases used in this ordinance shall be 
interpreted so as to give them the meaning they have in common usage and to give this 
ordinance its most reasonable application. The definitions below are the same as or 


 
3
based on the corresponding definitions in the Stormwater Management Rules at 
N.J.A.C. 7:8-1.2. 
 
CAFRA PLANNING MAP - The geographic depiction of the boundaries for Coastal 
Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 
7:7E-5B.3.  
 
CAFRA CENTERS, CORES OR NODES - Those areas within boundaries accepted by the 
Department pursuant to N.J.A.C. 7:8E-5B. 
  
COMPACTION - The increase in soil bulk density.  
 
CORE - A pedestrian-oriented area of commercial and civic uses serving the surrounding 
municipality, generally including housing and access to public transportation.  
 
COUNTY REVIEW AGENCY - An agency designated by the Morris County Board of 
Chosen Freeholders to review municipal stormwater management plans and implementing 
ordinance(s). The county review agency may either be: A county planning agency; or A 
county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or 
resolution delegates authority to approve, conditionally approve, or disapprove municipal 
stormwater management plans and implementing ordinances.  
 
DEPARTMENT - The New Jersey Department of Environmental Protection.  
 
DESIGNATED CENTER - A State Development and Redevelopment Plan Center as 
designated by the State Planning Commission such as urban, regional, town, village, or 
hamlet. 
  
DESIGN ENGINEER - A person professionally qualified and duly licensed in New Jersey to 
perform engineering services that may include, but not necessarily be limited to, 
development of project requirements, creation and development of project design and 
preparation of drawings and specifications.  
 
DEVELOPMENT - The division of a parcel of land into two or more parcels, the 
construction, reconstruction, conversion, structural alteration, relocation or enlargement 
of any building or structure, any mining excavation or landfill, and any use or change in 
the use of any building or other structure, or land or extension of use of land, by any 
person, for which permission is required pursuant to this chapter or under the Municipal 
Land Use Law , N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural 
lands, development means: any activity that requires a State permit; any activity 
reviewed by the County Agricultural Board (CAB) and the State Agricultural Development 
Committee (SADC), and municipal review of any activity not exempted by the Right to 
Farm Act , N.J.S.A 4:1C-1 et seq. 
 
DRAINAGE AREA - A geographic area within which stormwater, sediments, or dissolved 
materials drain to a particular receiving waterbody or to a particular point along a receiving 
waterbody. 
 
ENVIRONMENTALLY SENSITIVE AREAS - An area or feature which is of significant 
environmental value, including but not limited to: stream corridors; natural heritage priority 
sites; habitat of endangered or threatened species; large areas of contiguous open space 
or upland forest; steep slopes; and well head protection and groundwater recharge areas, 
as regulated by Section 16.28.050 and all other applicable municipal, county, state and 


 
4
federal regulations.  Habitats of endangered or threatened species are identified using the 
Department’s Landscape Project as approved by the Department’s Endangered and 
Nongame Species Program.    
 
EMPOWERMENT NEIGHBORHOOD - A neighborhood designated by the Urban 
Coordinating Council in consultation and conjunction with the New Jersey Redevelopment 
Authority pursuant to N.J.S.A 55:19-69.  
 
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or 
gravity. 
 
IMPERVIOUS SURFACE – A surface that has been covered with a layer of material so that 
it is highly resistant to infiltration by water. 
 
INFILTRATION - The process by which water seeps into the soil from precipitation.  
 
MAJOR DEVELOPMENT  -  Any “development” that provides for ultimately disturbing one 
quarter (1/4) or more acres of land. Disturbance for the purpose of stormwater 
management is considered the placement of impervious surface or exposure and/or 
movement of soil or bedrock or clearing, cutting, or removing of vegetation.  
 
MUNICIPALITY  - Any city, borough, town, township or village.  
 
NODE - An area designated by the State Planning Commission concentrating facilities and 
activities which are not organized in a compact form.  
 
NUTRIENT - A chemical element or compound, such as nitrogen or phosphorus, which is 
essential to and promotes the development of organisms.  
 
PERSON – Any individual, corporation, company, partnership, firm, association, Township 
of Montville, or political subdivision of this State subject to municipal jurisdiction pursuant to 
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. 
 
POLLUTANT - Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, 
garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological 
materials, medical wastes, radioactive substance (except those regulated under the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or 
discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and 
construction waste or runoff, or other residue discharged directly or indirectly to the land, 
ground waters or surface waters of the State, or to a domestic treatment works. Pollutant 
includes both hazardous and nonhazardous pollutants. 
 
RECHARGE - The amount of water from precipitation that infiltrates into the ground and is 
not evapotranspired.  
 
SEDIMENT - Solid material, mineral or organic, that is in suspension, is being transported, 
or has been moved from its site of origin by air, water or gravity as a product of erosion.  
 
SITE - The lot or lots upon which development is to occur or has occurred.  
 
SOIL - All unconsolidated mineral and organic material of any origin.  
 
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING 
AREA (PA1) - An area delineated on the State Plan Policy Map and adopted by the State 


 
5
Planning Commission that is intended to be the focus for much of the state’s future 
redevelopment and revitalization efforts.  
 
STATE PLAN POLICY MAP - The geographic application of the State Development and 
Redevelopment Plan’s goals and statewide policies, and the official map of these goals and 
policies. 
 
STORMWATER - Water resulting from precipitation (including rain and snow) that runs off 
the land’s surface, is transmitted to the subsurface, or is captured by separate storm 
sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.  
 
STORMWATER RUNOFF - Water flow on the surface of the ground or in storm sewers, 
resulting from precipitation.  
 
STORMWATER MANAGEMENT BASIN - An excavation or embankment and related 
areas designed to retain stormwater runoff. A stormwater management basin may either be 
normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool 
(a retention basin), or be planted mainly with wetland vegetation (most constructed 
stormwater wetlands).  
 
STORMWATER MANAGEMENT MEASURE - Any structural or nonstructural strategy, 
practice, technology, process, program, or other method intended to control or reduce 
stormwater runoff and associated pollutants, or to induce or control the infiltration or 
groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater 
discharges into stormwater conveyances. 
 
URBAN 
COORDINATING 
COUNCIL 
EMPOWERMENT 
NEIGHBORHOOD 
- 
neighborhood given priority access to State resources through the New Jersey 
Redevelopment Authority.  
 
URBAN ENTERPRISE ZONES - A zone designated by the New Jersey Enterprise Zone 
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. 
seq.  
 
URBAN REDEVELOPMENT AREA  - Previously developed portions of areas: 
 
1. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning   Area 
(PA1), Designated Centers, Cores or Nodes;  
 2. Designated as CAFRA Centers, Cores or Nodes;  
 3. Designated as Urban Enterprise Zones; and  
 4. Designated as Urban Coordinating Council Empowerment Neighborhoods.  
 
WATERS OF THE STATE - The ocean and its estuaries, all springs, streams, wetlands, 
and bodies of surface or ground water, whether natural or artificial, within the boundaries of 
the State of New Jersey or subject to its jurisdiction.  
 
WETLANDS OR WETLAND - An area that is inundated or saturated by surface water or 
ground water at a frequency and duration sufficient to support, and that under normal 
circumstances does support, a prevalence of vegetation typically adapted for life in 
saturated soil conditions, commonly known as hydrophytic vegetation. 
 
 
 


 
6
145-3   General Standards. 
A. Design and Performance Standards for Stormwater Management Measures. 
1. Stormwater management measures for major development shall be developed to 
meet the erosion control, groundwater recharge, stormwater runoff quantity, and 
stormwater runoff quality standards in 145-3. To the maximum extent practicable, 
these standards shall be met by incorporating nonstructural stormwater management 
strategies into the design. If these strategies alone are not sufficient to meet these 
standards, structural stormwater management measures necessary to meet these 
standards shall be incorporated into the design. 
2. The standards in this ordinance apply only to new major development and are 
intended to minimize the impact of stormwater runoff on water quality and water 
quantity in receiving water bodies and maintain groundwater recharge. The 
standards do not apply to new major development to the extent that alternative 
design and performance standards are applicable under a regional stormwater 
management plan or Water Quality Management Plan adopted in accordance with 
Department rules provided that any alternative standards provide at least as much 
protection from stormwater-related loss of groundwater recharge, stormwater 
quantity and water quality impacts of major development projects as would be 
provided under the standards in N.J.A.C. 7:8-5. 
 
 
145-4  Stormwater Management Requirements for Major Development. 
 
A. The development shall incorporate a maintenance plan for the stormwater 
management measures incorporated into the design of a major development in 
accordance with Subsection 145-10.  
 
B. Stormwater management measures shall avoid adverse impacts of concentrated 
flow on habitat for threatened and endangered species as documented in the 
Department Landscape Project or Natural Heritage Database established under 
N.J.S.A. 13:1B-15.147 through 15.150. 
 
C. The following linear development projects are exempt from the groundwater recharge, 
stormwater runoff quantity, and stormwater runoff quality requirements of 
subsections F. and G. of this Section: 
1. The construction of an underground utility line provided that the disturbed 
areas are revegetated upon completion; 
2. The construction of an aboveground utility line provided that the existing 
conditions are maintained to the maximum extent practicable; and 


 
7
3.  The construction of a public pedestrian access, such as a sidewalk or trail 
with a maximum width of 14 feet, provided that the access is made of 
permeable material. 
D.  A waiver from strict compliance from the groundwater recharge, stormwater runoff 
quantity, and stormwater runoff quality requirements of subsections F. and G. of this 
Section may be obtained for the enlargement of an existing public roadway or 
railroad; or the construction or enlargement of a public pedestrian access, provided 
that the following conditions are met: 
1. The Applicant demonstrates that there is a public need for the project that 
cannot be accomplished by any other means; 
2. The Applicant demonstrates through an alternatives analysis, that through the 
use of nonstructural and structural stormwater management strategies and 
measures, the option selected complies with the requirements of Sections 4.F 
and 4.G to the maximum extent practicable; 
3. The Applicant demonstrates that, in order to meet the requirements of 
Sections 4.F and 4.G, existing structures currently in use, such as homes and 
buildings, would need to be condemned; and 
4.  The Applicant demonstrates that it does not own or have other rights to 
areas, including the potential to obtain through condemnation lands not falling 
under D.3 above within the upstream drainage area of the receiving stream, 
that would provide additional opportunities to mitigate the requirements of 
Sections 4.F and 4.G that were not achievable on-site. 
E. Nonstructural Stormwater Management Strategies. 
1.  To the maximum extent practicable, the standards in subsections F. and G. of this 
Section shall be met by incorporating nonstructural stormwater management 
strategies set forth at subsection E. of this Section into the design. The Applicant 
shall identify the nonstructural measures incorporated into the design of the project. 
If the Applicant contends that it is not feasible for engineering, environmental, or 
safety reasons to incorporate any nonstructural stormwater management measures 
identified under subsection E.2. of this Section into the design of a particular project, 
the Applicant shall identify the strategy considered and provide a basis for the 
contention. 
2. Nonstructural stormwater management strategies incorporated into site design shall: 
a.  Protect areas that provide water quality benefits or areas particularly 
susceptible to erosion and sediment loss; 
b.  Minimize impervious surfaces and break up or disconnect the flow of runoff 
over impervious surfaces; 
c. Maximize the protection of natural drainage features and vegetation; 


 
8
d.  Minimize the decrease in the "time of concentration” from pre-construction to 
post construction. "Time of concentration" is defined as the time it takes for 
runoff to travel from the hydraulically most distant point of the watershed to 
the point of interest within a watershed; 
e.  Minimize land disturbance including clearing and grading; 
f.  Minimize soil compaction; 
g.  Provide low-maintenance landscaping that encourages retention and planting 
of native vegetation and minimizes the use of lawns, fertilizers and pesticides; 
h.  Provide vegetated open-channel conveyance systems discharging into and 
through stable vegetated areas; 
i. 
Provide other source controls to prevent or minimize the use or exposure of 
pollutants at the site, in order to prevent or minimize the release of those 
pollutants into stormwater runoff. Such source controls include, but are not 
limited to: 
(1) Site design features that help to prevent accumulation of trash and debris 
in drainage systems, including features that satisfy subsection E.3. below; 
(2) Site design features that help to prevent discharge of trash and debris 
from drainage systems; 
(3) Site design features that help to prevent and/or contain spills or other 
harmful accumulations of pollutants at industrial or commercial 
developments; and 
(4) When establishing vegetation after land disturbance, applying fertilizer in 
accordance with the requirements established under the Soil Erosion and 
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules. 
3. Site design features identified under subsection E.2.i.(2) above shall comply with the 
following standard to control passage of solid and floatable materials through storm 
drain inlets. For exemptions to this standard see subsection E.3.c of this section 
below.  
a. Design Engineers shall use either of the following grates whenever they use 
a grate in pavement or another ground surface to collect stormwater from that 
surface into a storm drain or surface water body under that grate:  
1. The New Jersey Department of Transportation (NJDOT) bicycle safe 
grate, which is described in Chapter 2.4 of the NJDOT Bicycle 
Compatible Roadways and Bikeways Planning and Design Guidelines 
(April 1996); or 


 
9
2. A different grate, if each individual clear space in that grate has an area of 
no more than seven (7.0) square inches, or is no greater than 0.5 inches 
across the smallest dimension.  
 
Examples of grates subject to this standard include grates in grate inlets, the grate 
portion (non-curb-opening portion) of combination inlets, grates on storm sewer 
manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. 
Examples of ground surfaces include surfaces of roads (including bridges), 
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, 
and stormwater basin floors.  
b. Whenever Design Engineers use a curb-opening inlet, the clear space in that 
curb opening (or each individual clear space, if the curb opening has two or 
more clear spaces) shall have an area of no more than seven (7.0) square 
inches, or be no greater than two (2.0) inches across the smallest dimension. 
c. This standard does not apply:  
1. Where the Borough Engineer determines that this standard would cause 
inadequate hydraulic performance that could not practicably be overcome 
by using additional or larger storm drain inlets that meet these standards;  
2. Where flows from the water quality design storm as specified in 
subsection G.1 of this section are conveyed through any device (e.g., end 
of pipe netting facility, manufactured treatment device, or a catch basin 
hood) that is designed, at a minimum, to prevent delivery of all solid and 
floatable materials that could not pass through one of the following: 
(a) A rectangular space four and five-eighths inches long and one and 
one-half inches wide (this option does not apply for outfall netting 
facilities); or 
(b) A bar screen having a bar spacing of 0.5 inches.  
3. Where flows are conveyed through a trash rack that has parallel bars with 
one-inch (1”) spacing between the bars, to the elevation of the water 
quality design storm as specified in subsection G.1 of this section; or 
4. Where the New Jersey Department of Environmental Protection 
determines, pursuant to the New Jersey Register of Historic Places Rules 
at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking 
that constitutes an encroachment or will damage or destroy the New 
Jersey Register listed historic property. 
4.  Any land area used as a nonstructural stormwater management measure to meet the 
performance standards in subsection F and G of this section shall be dedicated to a 
government agency, subjected to a conservation restriction filed with the Morris 
County Clerk’s office, or subject to an approved equivalent restriction that ensures 
that measure or an equivalent stormwater management measure approved by the 
reviewing agency is maintained in perpetuity. 


 
10
5. Guidance for nonstructural stormwater management strategies is available in the 
New Jersey Stormwater Best Management Practices Manual. The BMP Manual may 
be obtained from the address identified in Section 145-6 of this Ordinance, or found 
on the Department’s website at www.njstormwater.org. 
F. Erosion Control, Groundwater Recharge and Runoff Quantity Standards 
This subsection contains minimum design and performance standards to control 
erosion, encourage and control infiltration and groundwater recharge, and control 
stormwater runoff quantity impacts of major development. 
a. The minimum design and performance standards for erosion control shall comply 
with Borough Ordinances governing Soil Erosion and Sediment Control Standards. 
b. The minimum design and performance standards for groundwater recharge are as 
follows: 
1. The Design Engineer shall, using the assumptions and factors for stormwater runoff 
and groundwater recharge calculations at Section 145-4 of this ordinance, either: 
(a). Demonstrate through hydrologic and hydraulic analysis that the site and its 
stormwater management measures maintain 100 percent of the average 
annual pre-construction groundwater recharge volume for the site; or 
(b). Demonstrate through hydrologic and hydraulic analysis that the increase of 
stormwater runoff volume from pre-construction to post-construction for the 2-
year storm is infiltrated. 
2. This groundwater recharge requirement does not apply to projects within the “urban 
redevelopment area,” or to projects subject to (3) below. 
3. The following types of stormwater shall not be recharged: 
(a). Stormwater from areas of high pollutant loading. High pollutant loading areas 
are areas in industrial and commercial developments where solvents and/or 
petroleum products are loaded/unloaded, stored, or applied, areas where 
pesticides are loaded/unloaded or stored; areas where hazardous materials 
are expected to be present in greater than “reportable quantities” as defined 
by the United States Environmental Protection Agency (EPA) at 40 CFR 
302.4; areas where recharge would be inconsistent with Department 
approved remedial action work plan or landfill closure plan and areas with 
high risks for spills of toxic materials, such as gas stations and vehicle 
maintenance facilities; and 
(b). Industrial stormwater exposed to source material. 
4. The Design Engineer shall assess the hydraulic impact on the groundwater table and 
design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic 
impacts include, but are not limited to, exacerbating a naturally or seasonally high 
water table so as to cause surficial ponding, flooding of basements, or interference 
with the proper operation of subsurface sewage disposal systems and other 


 
11
subsurface structures in the vicinity or down gradient of the groundwater recharge 
area. 
(c.) In order to control stormwater runoff quantity impacts, the Design Engineer shall, 
using the assumptions and factors for stormwater runoff calculations at Section 145-4 of 
this ordinance, complete one of the following: 
1.   Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving 
the site, post-construction runoff hydrographs for the 1, 2, 10, 25, 50 and 100-year storm 
events do not exceed, at any point in time, the pre-construction runoff hydrographs for 
the same storm events; 
2.   Demonstrate through hydrologic and hydraulic analysis that there is no increase, as 
compared to the pre-construction condition, in the peak runoff rates of stormwater 
leaving the site for the 1, 2, 10, 25, 50 and 100-year storm events and that the increased 
volume or change in timing of stormwater runoff will not increase flood damage at or 
downstream of the site. This analysis shall include the analysis of impacts of existing 
land uses and projected land uses assuming full development under existing zoning and 
land use ordinances in the drainage area; 
3.  Design stormwater management measures so that the post-construction peak runoff 
rates for the 2, 10 and 100 year storm events are 50, 75 and 80 percent, respectively, of 
the pre-construction peak runoff rates. The percentages apply only to the post-
construction stormwater runoff that is attributable to the portion of the site on which the 
proposed development or project is to be constructed.  The percentages shall not be 
applied to post construction stormwater runoff into tidal flood hazard areas if the 
increased volume of stormwater runoff will not increase flood damages below the point of 
discharge; or 
4.  In tidal flood hazard areas, stormwater runoff quality analysis in accordance with 
(1),(2), and (30 above shall only be applied if the increased volume of stormwater runoff 
could increase flood damages below the point of discharge. 
 
(d) Any application for a new agricultural development that meets the definition of major 
development in Section 16.04.040 shall be submitted to the appropriate Soil Conservation 
District for review and approval in accordance with the requirements of this section and any 
applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion 
control. For the purposes of this section, “agricultural development” means land uses 
normally associated with the production of food, fiber and livestock for sale. Such uses do 
not include the development of land for the processing or sale of food and the 
manufacturing of agriculturally related products.  
 
G. Stormwater Runoff Quality Standards. 
1.  Stormwater management measures shall be designed to reduce the post-construction 
load of total suspended solids (TSS) in stormwater runoff by 80 percent of the 
anticipated load from the developed site, expressed as an annual average. 


 
12
Stormwater management measures shall only be required for water quality control if 
an additional ¼ acre of impervious surface is being proposed on a development site. 
The requirement to reduce TSS does not apply to combined sewers or any 
stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS 
imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) 
rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit 
from this requirement. The water quality design storm is 1.25 inches of rainfall in two 
hours. Water quality calculations shall take into account the distribution of rain from 
the water quality design storm, as reflected in Table 1. The calculation of the volume 
of runoff may take into account the implementation of non-structural and structural 
stormwater management measures. 
 
 
 
Table 1: Water Quality Design Storm Distribution 
Time  
(Minutes) 
Cumulative  
Rainfall  
(Inches) 
Time  
(Minutes) 
Cumulative  
Rainfall  
(Inches) 
0 
0.0000 
65 
0.8917 
5 
0.0083 
70 
0.9917 
10 
0.0166 
75 
1.0500 
15 
0.0250 
80 
1.0840 
20 
0.0500 
85 
1.1170 
25 
0.0750 
90 
1.1500 
30 
0.1000 
95 
1.1750 
35 
0.1330 
100 
1.2000 
40 
0.1660 
105 
1.2250 
45 
0.2000 
110 
1.2334 
50 
0.2583 
115 
1.2417 
55 
0.3583 
120 
1.2500 
60 
0.6250 
 
 


 
13
2.  For purposes of TSS reduction calculations, Table 2 below presents the presumed 
removal rates for certain BMPs designed in accordance with the New Jersey 
Stormwater Best Management Practices Manual. The BMP Manual may be obtained 
from the address identified in Section 7 of this ordinance, or found on the 
Department’s website at www.njstormwater.org. The BMP Manual and other sources 
of technical guidance are listed in Section 145-6. TSS reduction shall be calculated 
based on the removal rates for the BMPs in Table 2 below. Alternative removal rates 
and methods of calculating removal rates may be used if the Design Engineer 
provides documentation demonstrating the capability of these alternative rates and 
methods to the review agency. A copy of any approved alternative rate or method of 
calculating the removal rate shall be provided to the Department for approval at the 
following address: Division of Watershed Management, New Jersey Department of 
Environmental Protection, PO Box 418 Trenton, New Jersey, 08625-0418. 
3. If more than one BMP in series is necessary to achieve the required 80 percent TSS 
reduction for a site, the Applicant shall utilize the following formula to calculate TSS 
reduction: 
R = A + B – (AXB)/100 
Where 
R = total TSS percent load removal from application of both BMPs, and 
A = the TSS percent removal rate applicable to the first BMP 
B = the TSS percent removal rate applicable to the second BMP 
Table 2: TSS Removal Rates for BMPs 
Best Management Practice 
TSS Percent Removal 
Rate 
Bioretention Systems 
90 
Constructed Stormwater 
Wetland 
90 
Extended Detention Basin 
40-60 
Infiltration Structure 
80 
Manufactured Treatment 
Device 
See Section 6.C 
Sand Filter 
80 
Vegetative Filter Strip 
60-80 
Wet Pond 
50-90 


 
14
4. If there is more than one onsite drainage area, the 80 percent TSS removal rate shall 
apply to each drainage area, unless the runoff from the subareas converge on site in 
which case the removal rate can be demonstrated through a calculation using a 
weighted average. 
5. Stormwater management measures shall also be designed to reduce, to the 
maximum extent feasible, the post-construction nutrient load of the anticipated load 
from the developed site in stormwater runoff generated from the water quality design 
storm. In achieving reduction of nutrients to the maximum extent feasible, the design 
of the site shall include nonstructural strategies and structural measures that 
optimize nutrient removal while still achieving the performance standards in 
subsections F and G of this section. 
6. Additional information and examples of stormwater quality BMP’s are contained in 
the New Jersey Stormwater Best Management Practices Manual, which may be 
obtained from the address identified in Section 145-7     
 
7.   In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater managemen 
measures shall be designed to prevent any increase in stormwater runoff to waters 
classified as FW1.  
 
8. 
Special water resource protection areas shall be established along all waters 
designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams 
that drain into or upstream of the Category One waters as shown on the USGS 
Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 
drainage area. These areas shall be established for the protection of water quality, 
aesthetic value, exceptional ecological significance, exceptional recreational 
significance, exceptional water supply significance, and exceptional fisheries 
significance of those established Category One waters. These areas shall be 
designated and protected as follows:  
 
a. 
The applicant shall preserve and maintain a special water resource 
protection area in accordance with one of the following: 
 
(1) 
A 300-foot special water resource protection area shall be provided 
on each side of the waterway, measured perpendicular to the 
waterway from the top of the bank outwards or from the centerline of 
the waterway where the bank is not defined, consisting of existing 
vegetation or vegetation allowed to follow natural succession is 
provided. 
 
 
 
 
(2) Encroachment within the designated special water resource 
protection area under Subsection (1) above shall only be allowed 
where previous development or disturbance has occurred (for 
example, active agricultural use, parking area or maintained lawn 
area). The encroachment shall only be allowed where applicant 
demonstrates that the functional value and overall condition of the 
special water resource protection area will be maintained to the 
maximum extent practicable. In no case shall the remaining special 
water resource protection area be reduced to less than 150 feet as 
measured perpendicular to the top of bank of the waterway or 


 
15
centerline of the waterway where the bank is undefined. All 
encroachments proposed under this subparagraph shall be subject 
to review and approval by the Department.  
 
b. 
All stormwater shall be discharged outside of and flow through the special 
water resource protection area and shall comply with the Standard for Off-
Site Stability in the “Standards For Soil Erosion and Sediment Control in 
New Jersey,” established under the Soil Erosion and Sediment Control Act 
N.J.S.A. 4:24-39 et seq.  
 
c. 
If stormwater discharged outside of and flowing through the special water 
resource protection area cannot comply with the Standard For Off-Site 
Stability in the “Standards for Soil Erosion and Sediment Control in New 
Jersey,” established under the Soil Erosion and Sediment Control Act, 
N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with 
the requirements of the above standards may be placed within the special 
water resource protection area, provided that:  
 
 
 
 
(1) Stabilization measures shall not be placed within 150 feet of 
the Category One waterway; 
 
 
 
 
(2) Stormwater associated with discharges allowed by this section 
shall achieve a 95 percent TSS post-construction removal rate;  
 
 
 
 
(3) Temperature shall be addressed to ensure no impact on the 
receiving waterway;  
 
 
 
 
(4) The encroachment shall only be allowed where the applicant 
demonstrates that the functional value and overall condition of the 
special water resource protection area will be maintained to the 
maximum extent practicable; 
  
(5) 
A conceptual project design meeting shall be held with the 
appropriate Department staff and Soil Conservation District staff to 
identify necessary stabilization measures; and  
 
(6) 
All encroachments proposed under this section shall be subject to 
review and approval by the Department.   
 
 
 
d. 
A stream corridor protection plan may be developed by a regional 
stormwater management planning committee as an element of a regional 
stormwater management plan, or by a municipality through an adopted 
municipal stormwater management plan. If a stream corridor protection plan 
for a waterway subject to subsection G.8. has been approved by the 
Department of Environmental Protection, then the provisions of the plan 
shall be the applicable special water resource protection area requirements 
for that waterway. A stream corridor protection plan for a waterway subject 
to subsection G.8. shall maintain or enhance the current functional value 
and overall condition of the special water resource protection area as 
defined in subsection G.8.a.(1) above. In no case shall a stream corridor 
protection plan allow the reduction of the Special Water Resource 


 
16
Protection Area to less than 150 feet as measured perpendicular to the 
waterway subject to this subsection. 
 
 
 
e. 
Subsection G.8. does not apply to the construction of one individual 
single family dwelling that is not part of a larger development on a lot 
receiving preliminary or final subdivision approval on or before February 2, 
2004, provided that the construction begins on or before February 2, 2009.  
 
 
145-5  
Calculation of Stormwater Runoff and Groundwater Recharge. 
A. Stormwater runoff shall be calculated in accordance with the following: 
1. The Design Engineer shall calculate runoff using one of the following methods: 
a. The USDA Natural Resources Conservation Service (NRCS) methodology, 
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as 
described in the NRCS National Engineering Handbook Section 4 – 
Hydrology and Technical Release 55 – Urban Hydrology for Small 
Watersheds or superceding document; or 
b. The Rational Method for peak flow and the Modified Rational Method for 
hydrograph computations. 
2. For the purpose of calculating runoff coefficients and groundwater recharge, there is 
a presumption that the pre-construction condition of a site or portion thereof is a 
wooded land use with good hydrologic condition. The term “runoff coefficient” applies 
to both the NRCS methodology at subsection A.1.a of this section and the Rational 
and Modified Rational Methods at subsection A.1.b of this section. A runoff 
coefficient or a groundwater recharge land cover for an existing condition may be 
used on all or a portion of the site if the Design Engineer verifies that the hydrologic 
condition has existed on the site or portion of the site for at least five years without 
interruption prior to the time of application. If more than one land cover have existed 
on the site during the five years immediately prior to the time of application, the land 
cover with the lowest runoff potential shall be used for the computations. In addition, 
there is the presumption that the site is in good hydrologic condition (if the land use 
type is pasture, lawn, or park), with good cover (if the land use type is woods), or 
with good hydrologic condition and conservation treatment (if the land use type is 
cultivation). 
3.  In computing pre-construction stormwater runoff, the Design Engineer shall account 
for all significant land features and structures, such as ponds, wetlands, depressions, 
hedgerows, or culverts that may reduce pre-construction stormwater runoff rates and 
volumes. 
4.  In computing stormwater runoff from all design storms, the Design Engineer shall 
consider the relative stormwater runoff rates and/or volumes of pervious and 
impervious surfaces separately to accurately compute the rates and volume of 


 
17
stormwater runoff from the site. To calculate runoff from unconnected impervious 
cover, urban impervious area modifications as described in the NRCS Technical 
Release 55 – Urban Hydrology for Small Watersheds and other methods may be 
employed. 
5.  If the invert of the outlet structure of a stormwater management measure is below the 
flood hazard design flood elevation as defined at N.J.A.C. 7:13, the Design Engineer 
shall take into account the effects of tailwater in the design of structural stormwater 
management measures. 
B.  Groundwater recharge, where required, may be calculated in accordance with the 
following: 
1. 
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating 
Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as 
amended and supplemented. Information regarding the methodology is available 
from the New Jersey Stormwater Best Management Practices Manual; at 
http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic 
Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609) 984-6587. 
 
145-6  
Standards for Structural Stormwater Management Measures  
A. Standards for structural stormwater management measures are as follows: 
1. Structural stormwater management measures shall be designed to take into account 
the existing site conditions, including, for example, environmentally critical areas, 
wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, 
permeability and texture; drainage area and drainage patterns; and the presence of 
solution-prone carbonate rocks (limestone). 
2. Structural stormwater management measures shall be designed to minimize 
maintenance, facilitate maintenance and repairs, and ensure proper functioning. 
Trash racks shall be installed at the intake to the outlet structure as appropriate, and 
shall have parallel bars with one-inch (1”) spacing between the bars to the elevation 
of the water quality design storm. For elevations higher than the water quality design 
storm, the parallel bars at the outlet structure shall be spaced no greater than one-
third (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the 
weir, with a minimum spacing between bars of one-inch and a maximum spacing 
between bars of six inches. In addition, the design of trash racks must comply with 
the requirements of Section 145-8D. 
3. Structural stormwater management measures shall be designed, constructed, and 
installed to be strong, durable, and corrosion resistant. Measures that are consistent 


 
18
with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 
5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement. 
4. At the intake to the outlet from the stormwater management basin, the orifice size 
shall be a minimum of two and one-half inches in diameter. 
5. Stormwater management basins shall be designed to meet the minimum safety 
standards for stormwater management basins at Section 145-8. 
B. Stormwater management measure guidelines are available in the New Jersey 
Stormwater Best Management Practices Manual. Other stormwater management 
measures may be utilized provided the Design Engineer demonstrates that the 
proposed measure and its design will accomplish the required water quantity, 
groundwater recharge and water quality design and performance standards 
established by Section 4 of this ordinance. 
C. Manufactured treatment devices may be used to meet the requirements of Section 
145-4 of this ordinance, provided the pollutant removal rates are verified by the New 
Jersey Corporation for Advanced Technology and certified by the Department. 
 
 
145-7  
Sources for Technical Guidance. 
A. Technical guidance for stormwater management measures can be found in the 
documents listed at 1 and 2 below, which are available from Maps and Publications, 
New Jersey Department of Environmental Protection, 428 East State Street, P.O. 
Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038. 
1. Guidelines for stormwater management measures are contained in the New Jersey 
Stormwater Best Management Practices Manual, as amended. Information is 
provided on stormwater management measures such as: bioretention systems, 
constructed stormwater wetlands, dry wells, extended detention basins, infiltration 
structures, manufactured treatment devices, pervious paving, sand filters, vegetative 
filter strips, and wet ponds. 
2. The New Jersey Department of Environmental Protection Stormwater Management 
Facilities Maintenance Manual, as amended. 
B. Additional technical guidance for stormwater management measures can be 
obtained from the following: 
1.  The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated 
by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. 
Copies of these standards may be obtained by contacting the State Soil 


 
19
Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 
2:90-1.3(a)4. The location, address, and telephone number of each Soil 
Conservation District may be obtained from the State Soil Conservation Committee, 
P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540; 
2. The Rutgers Cooperative Extension Service, 732-932-9306; and 
3.  The Morris County Soil Conservation District, 560 West Hanover Avenue, Morris 
Borough, New Jersey, 07950; telephone (973) 285-2953. 
 
 
145-8  
Safety Standards for Stormwater Management Basins. 
A. This section sets forth requirements to protect public safety through the proper 
design and operation of stormwater management basins. This section applies to all 
existing and new stormwater management basins. 
B.  Requirements for Trash Racks, Overflow Grates and Escape Provisions. 
1. A trash rack is a device designed to catch trash and debris and prevent the clogging 
of outlet structures. Trash racks shall be installed at the intake to the outlet from the 
stormwater management basin to ensure proper functioning of the basin outlets in 
accordance with the following: 
a. The trash rack shall have parallel bars, with no greater than six inch spacing 
between the bars. 
b. The trash rack shall be designed so as not to adversely affect the hydraulic 
performance of the outlet pipe or structure. 
c. The average velocity of flow through a clean trash rack is not to exceed 2.5 
feet per second under the full range of stage and discharge. Velocity is to be 
computed on the basis of the net area of opening through the rack. 
d. The trash rack shall be constructed and installed to be rigid, durable, and 
corrosion resistant, and shall be designed to withstand a perpendicular live 
loading of 300 lbs/ft sq. 
2. An overflow grate is designed to prevent obstruction of the overflow structure. If an 
outlet structure has an overflow grate, such grate shall meet the following 
requirements: 
a. The overflow grate shall be secured to the outlet structure but removable for 
emergencies and maintenance. 
b. The overflow grate spacing shall be no less than two inches across the 
smallest dimension. 


 
20
c. The overflow grate shall be constructed and installed to be rigid, durable, and 
corrosion resistant, and shall be designed to withstand a perpendicular live 
loading of 300 lbs./ft sq. 
3.  For purposes of this paragraph 3, escape provisions means the permanent 
installation of ladders, steps, rungs, or other features that provide easily accessible 
means of egress from stormwater management basins. Stormwater management 
basins shall include escape provisions as follows: 
a. If a stormwater management basin has an outlet structure, escape provisions 
shall be incorporated in or on the structure. With the prior approval of the 
reviewing agency identified in subsection C of this section a freestanding 
outlet structure may be exempted from this requirement. 
b. Safety ledges shall be constructed on the slopes of all new stormwater 
management basins having a permanent pool of water deeper than two and 
one-half feet. Such safety ledges shall be comprised of two steps. Each step 
shall be four to six feet in width. One step shall be located approximately two 
and one-half feet below the permanent water surface, and the second step 
shall be located one to one and one-half feet above the permanent water 
surface. See subsection D of this section for an illustration of safety ledges in 
a stormwater management basin. 
c. In new stormwater management basins, the maximum interior slope for an 
earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 
1 vertical. 
C. Variance or Exemption from Safety Standards. 
1. A variance or exemption from the safety standards for stormwater management 
basins may be granted only upon a written finding by the appropriate reviewing 
agency (Borough of Riverdale, Morris County, or the NJDEP) that the variance or 
exemption will not constitute a threat to public safety. 
D. Illustration of Safety Ledges in a New Stormwater Management Basin. 


 
21
 
 
Section 9: Requirements for a Site Development Stormwater Management Plan. 
A. Submission of Site Development Stormwater Plan. 
1.  Whenever an Applicant seeks municipal approval of a development subject to this 
ordinance, the Applicant shall submit all of the required data for the Site 
Development Stormwater Management Plan (SDSMP) as specified in subsection C 
of this section below as part of the submission of the Applicant's application for 
subdivision or site plan approval.  
The SDSMP shall be a written report together with maps, diagrams, charts, and data 
consistent with the purposes, policies and requirements of these provisions, which 
fully indicates the necessary land treatment measures and techniques including a 
schedule of implementation and maintenance. 
2. The Applicant shall demonstrate that the project meets the standards set forth in this 
ordinance. 
3. The Applicant shall establish a funding mechanism for maintenance of proposed 
stormwater control facilities. 


 
22
B. Site Development Stormwater Plan Approval. 
The Applicant's Site Development project shall be reviewed as a part of the 
subdivision or site plan review process by the municipal board or official from which 
municipal approval is sought. That municipal board or official shall consult the 
Engineer retained by the Planning and/or Zoning Board (as appropriate) to determine 
if all of the checklist requirements have been satisfied and to determine if the project 
meets the standards set forth in this ordinance. 
B. Checklist Requirements. 
 
C. Checklist Requirements for Stormwater Plans.  
 
 
The following minimum information shall be required to be provided: 
 
1. Topographic Base Map.  
 
The reviewing engineer may require upstream tributary drainage system information as necessary. 
It is recommended that the topographic base map of the site be submitted which extends a 
minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or 
greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: 
existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or 
intermittent streams that drain into or upstream of the Category One waters, wetlands and flood 
plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or 
vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, 
and significant natural and manmade features not otherwise shown.  
 
2. Environmental Site Analysis. 
 
A written and graphic description of the natural and man-made features of the site and its environs. 
This description should include a discussion of soil conditions, slopes, wetlands, waterways and 
vegetation on the site. Particular attention should be given to unique, unusual, or environmentally 
sensitive features and to those that provide particular opportunities or constraints for development. 
 
3. Project Description and Site Plan(s). 
 
A plan (or plans) at the scale of the topographical base map indicating the location of existing and 
proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management 
and sediment control, and other permanent structures. The plan(s) shall also clearly show areas 
where alterations occur in the natural terrain and cover, including lawns and other landscaping, and 
seasonal high ground water elevations. A written description of the site plan and justification of 
proposed changes in natural conditions may also be provided. 
 
 4. Land Use Planning and Source Control Plan. 
 
This plan shall provide a demonstration of how the goals and standards of subsections 3 through 6 
are being met.  The focus of this plan shall be to describe how the site is being developed to meet 
the objective of controlling groundwater recharge, stormwater quality and stormwater quantity 
problems at the source by land management and source controls whenever possible. 
 
5. Stormwater Management Facilities Plan.  


 
23
 
The following information, illustrated on a plan of the same scale as the topographic base map, 
shall be included:  
a. total area to be paved or built upon, proposed surface contours, land area to be occupied by 
the stormwater management facilities and the type of vegetation thereon, and details of the 
proposed plan to control and dispose of stormwater. 
 
b. Details of all stormwater management facility designs, during and after construction, including 
discharge provisions, discharge capacity for each outlet at different levels of detention and 
emergency spillway provisions with maximum discharge capacity of each spillway. 
6. Calculations. 
a. Comprehensive hydrologic and hydraulic design calculations for the pre-development and 
post-development conditions for the design storms specified in subsection 4 of this ordinance. 
 
b. When the proposed stormwater management control measures (e.g., infiltration basins) 
depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils 
report shall be based on onsite boring logs or soil pit profiles. The number and location of required 
soil borings or soil pits shall be determined based on what is needed to determine the suitability 
and distribution of soils present at the location of the control measure.  
7. Maintenance and Repair Plan.  
 
The design and planning of the stormwater management facility shall meet the maintenance 
requirements of subsection 9. 
 
8. Waiver from Submission Requirements.  
 
The municipal official or board reviewing an application under this ordinance may, in consultation 
with the Township Engineer, waive submission of any of the requirements in subsections 9 C.1. 
through 9.C.6. of this ordinance when it can be demonstrated that the information requested is 
impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not 
materially affect the review process. 
  
 
 
145-10  Maintenance and Repair. 
A. Applicability. 
1. Projects subject to review under  this ordinance shall comply with the requirements of 
subsections B and C of this section. 
B. General Maintenance. 
1. The Design Engineer shall prepare a maintenance plan for the stormwater 
management measures incorporated into the design of a major development and the 
developer shall establish a mechanism for funding in compliance with this ordinance.  


 
24
2. The maintenance plan shall contain specific preventative maintenance tasks and 
schedules; cost estimates, including estimated cost of sediment, debris, or trash 
removal; and the name, address, and telephone number of the person or persons 
responsible for preventative and corrective maintenance (including replacement). 
Maintenance guidelines for stormwater management measures are available in the 
New Jersey Stormwater Best Management Practices Manual. If the maintenance 
plan identifies a person other than the developer (for example, a public agency or 
homeowners’ association) as having the responsibility for maintenance, the plan 
shall include documentation of such person’s agreement to assume this 
responsibility, or of the developer’s obligation to dedicate a stormwater management 
facility to such person under an applicable ordinance or regulation. 
3.  Responsibility for maintenance shall not be assigned or transferred to the owner or 
tenant of an individual property in a residential development or project, unless such 
owner or tenant owns or leases the entire residential development or project. 
4. If the person responsible for maintenance identified under subsection B.2 above is 
not a public agency, the maintenance plan and any future revisions based on 
subsection B.7 below shall be recorded upon the deed of record for each property on 
which the maintenance described in the maintenance plan must be undertaken. 
5. Preventative and corrective maintenance shall be performed to maintain the function 
of the stormwater management measure, including repairs or replacement to the 
structure; removal of sediment, debris, or trash; restoration of eroded areas; snow 
and ice removal; fence repair or replacement; restoration of vegetation; and repair or 
replacement of nonvegetated linings. 
6. The person responsible for maintenance identified under subsection B.2 above shall 
maintain a detailed log of all preventative and corrective maintenance for the 
structural stormwater management measures incorporated into the design of the 
development, including a record of all inspections and copies of all maintenance-
related work orders. 
7. The person responsible for maintenance identified under subsection B.2 above shall 
evaluate the effectiveness of the maintenance plan at least once per year and adjust 
the plan and the deed as needed. 
8. The person responsible for maintenance identified under subsection B.2 above shall 
retain and make available, upon request by any public entity with administrative, 
health, environmental, or safety authority over the site, the maintenance plan and the 
documentation required by subsections B.6 and B.7 above. 
9. The requirements of subsections B.3 and B.4 do not apply to stormwater 
management facilities that are dedicated to and accepted by the municipality or 
another governmental agency. 
10. In the event that the stormwater management facility becomes a danger to public 
safety or public health, or if it is in need of maintenance or repair, the municipality 
shall so notify the responsible person in writing. Upon receipt of that notice, the 


 
25
responsible person shall have fourteen (14) days to effect maintenance and repair of 
the facility in a manner that is approved by the municipal engineer or his designee. 
The municipality, in its discretion, may extend the time allowed for effecting 
maintenance and repair for good cause. If the responsible person fails or refuses to 
perform such maintenance and repair, the municipality or County may immediately 
proceed to do so and shall bill the cost thereof to the responsible person. 
C. Nothing in this section shall preclude the municipality in which the major 
development is located from requiring the posting of a performance or maintenance 
guarantee in accordance with N.J.S.A. 40:55D-53. 
 
145-11 Penalties 
 
A. Penalty.  For a violation of any provision of this Chapter, the maximum penalty 
shall, upon conviction thereof, be a fine not to exceed five hundred ($500.00) 
dollars or imprisonment not to exceed ninety (90) days, or both, at the discretion of 
the Municipal Judge.   
 
B. Separate violations.  Except as otherwise provided, each and every day in 
which a violation of any provision of this Chapter exists, shall constitute a separate 
violation. 
 
 
           Section 2  If any section or provision of this Ordinance shall be held invalid in any Court of 
competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, 
except so far as the section or provision so declared invalid shall be inseparable from the 
remainder or any portion thereof. 
 
 
Section 3 All Ordinances or parts of Ordinances which are inconsistent herewith are 
hereby repealed to the extent of such inconsistency. 
 
 
Section 4 This Ordinance shall take effect immediately after final passage and publication 
in the manner provided by law. 
Adopted this __4__ day of June      , 2007. 
 
 
 
_____________  
 
 
 
 
 
 
 
 
 
_________ 
Carol Talerico, Borough Clerk  
 
 
William Budesheim, Mayor

Protected Document Content

Start your free trial to view the raw municipal bid documents and web text.

Unlock Full Access

Detailed Risk Breakdown

local preference

Evidence Detected

1 CLAUSES FOUND

"...RS OF THE STATE - The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. WETLANDS OR WETLAND - An area that is inundated or saturated by surface water or gro..."

UNLOCK RISK CLAUSE